Date of Decision: MAR. 02, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business
Petitioner Information
Profession: International SAP Functional Analyst
Field: Business
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner filed the petition under the exceptional ability regulations, specifically indicating the Beneficiary as an individual of exceptional ability in business.
Criterion 2: The Petitioner provided supporting documentation to substantiate the claim of exceptional ability in business.
Criteria Not Met:
Criterion 1: The Director did not consider the evidence presented for exceptional ability, instead adjudicating the petition as one for an advanced degree professional.
Criterion 2: The Director’s decision lacked a reasoned analysis of the Beneficiary’s qualifications under the exceptional ability criteria.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as an International SAP Functional Analyst, emphasizing the advanced technical and business expertise required for this role.
Substantial Merit and National Importance: The Petitioner highlighted the critical role of the Beneficiary in implementing and optimizing SAP systems, which are vital for business operations and efficiency on a global scale.
Supporting Evidence: The evidence included a detailed explanation of the Beneficiary’s qualifications, work experience, and the significant impact of his contributions to business processes through SAP system enhancements.
Inconsistencies in Proposed Endeavor:
The Director misclassified the nature of the petition, leading to an incorrect adjudication that did not align with the Petitioner’s specified request for classification based on exceptional ability in business.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: Supplemental page to Form I-140, indicating the filing under exceptional ability regulations, along with supporting documentation for exceptional ability in business.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director’s decision was withdrawn due to the misclassification of the petition. The matter has been remanded for a new decision, taking into account the evidence and claims regarding the Beneficiary’s exceptional ability in business.
